What changed

Follow-up to the European Parliament non-legislative resolution on the situation in Serbia following the elections

B90106/2024

Resolution tabled pursuant to Rule 132 (2) and (4) of the European Parliament's Rules of procedure

European Parliament resolution on the situation in Serbia following the elections

Reference number: 2024/2521(RSP) / B9-0106/2024 / P9_TA(2024)0075

(2024/2521(RSP))

Date of adoption of the resolution: 8 February 2024

The European Parliament,

Competent Parliamentary Committee: Committee on Foreign Affairs (AFET)

– having regard to its previous resolutions on Serbia,

Brief analysis/ assessment of the resolution and requests made in it:

– having regard to the statement of preliminary findings and conclusions of the Organization for Security and Co-operation in Europe (OSCE)/Office for Democratic Institutions and Human Rights (ODIHR) international election observation mission (I-EOM) on the early parliamentary elections of 17 December 2023 in Serbia,

The resolution deals with the situation in Serbia following the December 2023 early parliamentary, partial local (including Belgrade city) and Vojvodina province elections. The international election observation mission led by the Organisation for Security and Cooperation in Europe – Office for Democratic Institutions and Human Rights (OSCE/ODIHR), including a six members delegation from the European Parliament concluded that, “though technically well-administered and offering voters a choice of political alternatives, were dominated by the decisive involvement of the President which together with the ruling party’s systemic advantages created unjust conditions.” A number of allegations of irregularities (e.g. pressure on public sector employees, misuse of public resources, vote buying, voters migration) and procedural deficiencies on election day were also reported and the campaign was marked by media bias and smear campaigns against the opposition. Pro-EU opposition have mobilised against the legitimacy of the elections, especially in Belgrade, and a series of protests took place in December and January. In between, the national Parliament held its first constitutive session, while new elections will be called for Belgrade due to lack of majority. On 28 February OSCE/ODIHR published the final election observation mission report, confirming its preliminary findings and making 25 recommendations to improve the electoral process.

– having regard to the statement on 19 December 2023 by European Parliament standing rapporteur for Serbia Vladimír Bilčík about the findings of Parliament’s observer delegation,

Overall, the resolution reflects the European Parliament’s concern with regard to the conduct of December 2023 elections, the alleged irregularities and offences related to elections, the decline in democratic, rule of law and media freedom standards in Serbia as an EU candidate country, repressive measures against individuals participating in post-elections protests, attempts to discredit and intimidate the international and domestic observers and Civil Society Organisations (CSOs), Serbia’s poor track record in implementing previous OSCE/ODIHR priority recommendations, the repeated practice of snap elections that weaken the Parliament, authorities’ claims of EU Member States involvements in organising post-election protests and deep political polarisation in the country. The vote on the resolution, adopted by an overwhelming majority and with broad support from all political groups but for ID, was preceded by debates on the post-election situation in Serbia that were held in plenary on 17 January and in the AFET committee on 23 January.

– having regard to Serbia’s application for membership of the EU of 19 December 2009,

The Parliament calls on the Commission to act or consider action on three paragraphs (5, 26, 27). These refer to sending an expert mission to assess the post election and rule of law situation in Serbia, addressing the allegations of voter fraud in Serbia. including through more vocal criticism, applying strict conditionality in the accession negotiations with Serbia, follow-up to the European Court of Auditors’ reports, audit of the funding provided to the Serbian government under the Instrument for Pre-Accession Assistance (IPA III) and other financial instruments and suspension of EU funding in cases of breaches of rule of law in connection with Serbia’s elections.

– having regard to the EU’s previous statements on Serbia, in particular the joint statement by High Representative of the Union for Foreign Affairs and Security Policy Josep Borrell and Commissioner for Neighbourhood and Enlargement Olivér Várhelyi on the parliamentary elections of 19 December 2023,

Response to requests and overview of action taken, or intended to be taken, by the Commission:

– having regard to Rule 132(2) of its Rules of Procedure,

Rule of law and the proper functioning of Serbia’s democratic institutions are at the core of Serbia’s EU accession process. The European Commission closely follows all developments related to the latest elections in Serbia and democratic processes more broadly.

A. whereas on 1 November 2023, the president of Serbia dissolved the Serbian parliament and scheduled early parliamentary elections for 17 December 2023, citing demands from the opposition for early elections;

High Representative Josep Borrell and Commissioner for Neighbourhood and Enlargement Olivér Várhelyi issued a joint statement on 19 December 2023, concluding with concern that the electoral process in Serbia requires tangible improvement and further reform. They further underlined that the final OSCE/ODIHR report and recommendations for future elections should be implemented as soon as possible and well in advance of the next elections, and called for credible reports of irregularities (including allegations related to the local elections in Belgrade and other municipalities) to be followed up in a transparent manner by the competent national authorities. Finally, the joint statement called on the Serbian political leadership to ensure a constructive, inclusive dialogue across the political spectrum.

B. whereas, according to the preliminary conclusions of the I-EOM, the elections were technically well-administered and offered a choice of political alternatives;

The Commission is following up on these matters and has held discussions with representatives of the Serbian authorities, opposition parties, CSOs, students and ODIHR to consider how to most effectively give concrete follow up to the joint statement. Public statements have been made on these matters, including in support of CSOs active in electoral matters and to support freedom of assembly for those protesting against the conduct of elections.

C. whereas the campaign was dominated by the decisive involvement of the president, which, together with the ruling party’s systemic advantages, created unfair conditions;

On specific requests contained in the resolution, the Commission’s position is the following:

D. whereas fundamental freedoms were generally respected in the campaign but were marred by harsh rhetoric, strong bias in the media, pressure on public sector employees and misuse of public resources;

On paragraph 12, the view of the Commission is that Serbian ownership of electoral reforms is of central importance, and that the majority and opposition in Serbia should in a constructive manner identify priority reforms (on the basis notably of priority recommendations identified by ODIHR and the Venice Commission) to be taken forward expeditiously, in a transparent and inclusive process, and well in advance of the next elections to rebuild public confidence in the electoral process. The Commission is in this light closely monitoring follow up by the authorities to the statement of 19 December as well as the situation on the ground. The past and the latest ODIHR final report on early Parliamentary Elections in Serbia of 28 February 2024, and the opinions of Council of Europe bodies are clear on measures Serbia needs to take in order to improve the situation. The Commission has engaged in a dialogue with Serbia on irregularities alleged to have taken place, and the follow up given, or not, to them. The Commission has offered support to Serbian institutions, political representatives and civil society to promote the implementation of the recommendations of ODIHR and the Council of Europe bodies. The issue has been discussed in the context of the Growth Plan and the participation of Serbia in the Rule of law reports exercise will offer a further opportunity for enhanced dialogue with Serbia on checks and balances.

E. whereas the elections were, overall, conducted smoothly, but the day was marked by numerous procedural deficiencies, including inconsistent application of safeguards during voting and counting, frequent instances of overcrowding, breaches of voting secrecy, and numerous instances of group voting;

On paragraph 26, the Commission has made repeated public statements about the need to follow-up on credible reports of irregularities in a transparent manner by the competent national authorities. The Commission has also made repeated public statements on the right to peaceful protest and limits of police actions in the context of the post-election protests and that pressure on CSOs working on electoral and /or rule of law issues that can hinder their work goes against the values of a democratic and pluralistic society and needs to stop.

F. whereas voter lists were updated through the unified voter register and the final number of voters stood at 6 500 666; whereas it was alleged that numerous deceased electors remained on the register;

On paragraph 27, the Commission will continue to closely monitor and assess Serbia’s progress in complying with the membership criteria, including in the area of rule of law and functioning of the democratic institutions. This assessment will be reflected in the next Commission’s Report on Serbia. The Commission welcomed the recent Court of Auditors’ report on rule of law and accepted most of its recommendations. The Commission is in the process of implementing them. The Commission applies and will continue to apply conditionality, as prescribed by the legal framework of the IPA III Regulation, on a case-by-case basis following a thorough analysis and due consideration of its impact. Furthermore, the disbursements of funds under the EUR 6 billion Reform and Growth Facility for the Western Balkans, as proposed by the Commission, comes under strong ex-ante conditionality and payments will be linked to the implementation of reform agendas. This will concern both reforms in the area of the fundamentals of the accession process and socioeconomic reforms. The Commission has been prioritising the reform of the electoral framework in its discussions with Serbia on the reform agendas planned under the Reform and Growth Facility for the Western Balkans.

G. whereas Serbia’s legal framework provides an adequate basis for the conducting of democratic elections and whereas recent amendments had addressed a number of previous OSCE/ODIHR and Venice Commission recommendations; whereas measures are still needed to solve several key issues, including to prevent the misuse of public office and to safeguard voters from intimidation and pressure;

H. whereas despite the fact that 43 % of the 2 827 parliamentary candidates were women and that efforts to promote women’s participation have been made, women remain generally under-represented in elected and appointed offices;

I. whereas Parliament’s standing rapporteur for Serbia stated that Parliament’s observer delegation had ‘noticed that the elections were well conducted, well managed. There are some irregularities when it comes to the reports we received from the places we visited about bringing in additional voters, but it is not about a large number of voters’, and that ‘there were no tensions regarding voters from Kosovo and Metohija who came to central Serbia to vote’;

J. whereas the opposition coalition Serbia Against Violence has submitted an application for judicial review of the elections, challenging the validity of the election procedure for the councillors of the City Assembly of Belgrade; whereas it accused the government of bringing 40 000 people from Republika Srpska to vote in Belgrade without them actually being resident there;

K. whereas each enlargement country is judged on its own merits and whereas it is the fulfilment of the enlargement criteria and the implementation of the necessary reforms, in particular in the areas of ‘fundamentals’ and legislative alignment, that determine the timetable and progress of accession;

1. Expresses again its strong solidarity with the Serbian people after the two mass shooting incidents of May 2023;

2. Takes note of the results of the parliamentary elections of 17 December 2023 in Serbia; deplores the fact that numerous significant deficiencies made a negative contribution to the electoral process; deplores the incumbents’ abuse of institutions and the media to gain an unfair advantage;

3. Expresses its regret at the aggressive pre-election rhetoric, bias in the media, pressure on public sector employees and misuse of public resources, as well as the intimidation and harassment of civil activists, LGBTI and other human rights defenders, and journalists;

4. Expresses its regret at the insufficient political will of the national authorities to address key problematic aspects of the electoral process; calls on these authorities to follow up in a transparent manner on any credible reports of widespread irregularities, including allegations related to the local elections in Belgrade and other municipalities;

5. Looks forward to the final OSCE/ODIHR report and recommendations for future elections, which should be implemented as soon as possible and well in advance of any future elections;

6. Calls on Serbia to fulfil the outstanding OSCE/ODIHR and Venice Commission recommendations concerning the conducting of elections;

7. Encourages the Serbian authorities to ensure that the country’s independent and supervisory institutions, especially the Regulatory Authority for Electronic Media and the Agency for the Prevention of Corruption, play a proactive role in creating the conditions for fair elections;

8. Underlines the need to step up efforts to increase women’s representation in elected and appointed offices;

9. Underscores that progress in the EU accession process is result- and reform-oriented and is based on further alignment on the rule of law, good governance, fundamental rights and respect for European rights and values;

10. Calls on all political forces in Serbia to engage in a constructive political dialogue to ensure the proper functioning of the country’s institutions, to protect free expression and to make the necessary improvements to the electoral process;

11. Calls, in this light, for the respect and implementation of the Agreement on the path to normalization between Kosovo and Serbia (Ohrid Agreement);

12. Instructs its President to forward this resolution to the President of the European Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States and the President, Government and National Assembly of Serbia.